ORDINANCE NO. 2024-8  BE IT ORDAINED by the Board of Commissioners of the City of Dothan, Alabama, as Section 1. That Chapter 42, Floods, of the Code of Ordinances is hereby amended to  follows:  read as follows:  CHAPTER 42-FLOODS  ARTICLE I.- IN GENERAL Secs. 42-1--42-25. Reserved. ARTICLE Il.- - FLOODPLAIN DEVELOPMENT DIVISION: 1. GENERALLY Sec. 42-26. Definitions.  Unless specifically defined as follows, words or phrases used in this article shall be interpreted. so as to give them the meaning they have in common usage andt to give this article its most reasonable application. A Zone means the special flood hazard areas on a FIRM without base flood elevations determined. Administrator means the Administrator of the Federal Emergency Management Agency (FEMA). Accessory structure (also referred to as appurtenant structures) means a structure which is located on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. Detached garages and small sheds used for limited storage are considered accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings. An accessory structure specifically excludes structures used for human habitation. Addition (to an existing building) means any improvement thati increases the square footage ofas structure. These include lateral additions added to the front, side, or rear of a structure, vertical additions added on top ofa structure, and enclosures added underneath a structure. NFIP regulations for new construction apply to any AE Zone means the specialj flood hazard areas on a FIRM with base flood elevations determined. Agricultural Structure means a walled and roofed. structure used exclusively) for agricultural, purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Aquaculture structures are included within this definition. Structures that house tools or equipment used in connection with these purposes or uses are also consideredi to have agricultural purposes or uses. AH Zone means area of special food hazards on a FIRM having shallow water depths and/or unpredictable flow paths between one (1) and three (3) feet, and with water. surface elevations determined. AO Zone means an area ofs special flood hazards on a FIRM having shallow water depths and/ /or Appeal means a request for a review of the public works director's interpretation of any provision of this  addition that is considered a substantial improvement to a structure.  unpredictable, flow paths between one (1) and three (3)feet.  article or a request for a variance.  Appurtenant Structure (see definition for Accessory Structure)    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO: zone on a community's flood insurance rate map (FIRM) with a1 percent or greater annual chance of flooding to an average depth of one (1)to three (3) feet where a clearly defined channel does not exist, where a clearly defined channel does note exist, where the path of flooding is unpredictable, and where velocity flow mayl be evident. Such flooding is  characterized by ponding or sheet flow.  Area of special flood hazard (see definition for Special Flood Hazard Area)  Base flood means thet flood having a one percent chance of being equaled or exceeded in any given year (also Base flood elevation means the elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the FIRM for zones AE, AH,A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and' VE. Iti is the regulatory requirement for the elevation of flood proofing of structures. The relationship between the BFE and a structure's elevation determines the flood Basement means that portion ofa a building having its floor subgrade (below ground level) on all sides. Building (also see structure) means a structure with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site; a manufactured home or a mobile home without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws. "Building" does not mean a gas or liquid storage tank or ar recreational vehicle, park trailer or Community means any State or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or authorized native organization, which has authority to adopt and enforce floodplain management Community rating system (CRS) means a voluntary program developed by the Federal Insurance Administration to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. Condominium Building means a type of building in thej form of ownership in which each unit owner has an Critical Facility (aka, critical action) means facilities or activities for which even a slight chance of flooding is too great at threat. Typical critical facilities include hospitals, fire stations, police stations, storage of critical records, and similar facilities. These facilities should be given special consideration when formulating regulatory alternatives and floodplain management plans. A critical facility should not be located in a floodplain if at all Cumulative Substantial mprovemenv/Damage means any combination of reconstruction, alteration, or improvement to a building, taking place during a! 5-year [or 10-year] period, in which the cumulative percentage of improvement equals or exceeds 50 percent of the current market value of the structure before the "start of construction" of the initial improvement. Any subsequent improvement project costs shall be added to thei initial costs for the initial improvement project. At the end ofa 5-year [or 10-year] period from the initial improvement project, an updated valuation for the structure can be used for the next time period. Damages can be from any Dam means an artificial barrier, that has the ability to impound water, wastewater, or any liquid-borne Design Flood Elevation (DFE) means the locally adopted regulatory flood elevation. Itis the minimum elevation to which a structure must be elevated or floodproofed. DFE is the sum of the base flood elevation and freeboard, based al building's structural category. In areas designated as Zone AO on a community's flood map, the DFE is the elevation of the highest existing grade of a building's perimeter plus the depth number specified on the  referred to as the' "one percent chance flood").  insurance premium.  other similar vehicle.  regulations for the area within its jurisdiction.  undivided interest in common elements of the building.  possible.  source.  material, for the purpose of storage or control of water.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued. feet. In all cases, the DFE must be atl least as higha as the base flood elevation.  flood hazard map. In areas designated: as Zone AO where a depth is not specified on ther map, the depthi ist two Development means any manmade change to improved or unimproved real estate, including but not limited tob buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or storage Elevated building means, for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level byf foundation walls, shear walls, pilings, posts, columns, piers, or shear walls. Elevation certificate means af FEMA form used as an administrative tool of the NFIP to provide building elevation information necessary to ensure compliance with community floodplain management ordinances, to inform the proper insurance premium, andt to support a request for a LOMA, CLOMA, LOMR-F, or CLOMR-F. Encroachment means activities or construction within the floodway including fill, new construction, Existing construction means, for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM, January: 15, 1988, for FIRMS effective before that Existing manufactured. home park or subdivision means a manufactured home park or subdivision for which the construction of facilities fors servicing the lots on which the manufactured homes are to be affixed (including at ar minimum thei installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) was completed before the effective date oft the original floodplain management regulations adopted by the Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including thei installation of utilities, the construction of streets, ande either final site grading or the pouring of concrete pads. Fair Market Value means the price that the seller is willingt to accept andt thel buyer is to pay on the open  ofr materials.  substantial improvements, and other development.  date. "Existing construction" may also be referred to as "existing structures".  community, January 15, 1988.  market andi in an arm's length transaction. Flood or Flooding means:  a. A general and temporary condition of partial or complete inundation of normally dry land areas from: ii. The unusual and rapid accumulation or runoff of surface waters from any source. iii. Mudslides which are proximately caused by flooding as described in part "b."oft this definition and are akin to a river of liquid andi flowing mud ont the surfaces of normally dry land areas, as when earth is carried byac current of water and deposited along thep path of the current. b. The collapse or subsidence of land along the shore ofal lake or other body of water as a result of erosion or undermining caused byy waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually highwater level in a natural body of water, accompanied! bya as severe. storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some: similarly unusual and unforeseeable event which results in flooding as defined inj paragraph "a"of  i. The overflow of inland or tidal waters.  this definition.  Flood Damage-Resistant Material means any building product capable of withstanding direct and prolonged contact withf floodwaters without sustaining significant damage. Prolonged contact is defined as atl least 72 hours. Significant damage is any damage requiring more than low-cost cosmetic repair (such as painting).    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Flood Elevation Determination means a determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence Flood Elevation. Study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. Al FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Floodplain (or Flood-Prone Area) means any land area susceptible to beingi inundated by water from any source Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, (such as those for floodplain management, stormwater management, watershed management, grading/ earthwork, and erosion control), and other applications of police power. This term describes state or local regulations in any combination thereof, which Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and  in any given year.  mudslide (i.e., mudflow) and/or flood-related erosion hazards.  Flood insurance study (see Flood Elevation Study)  (see definition of Flooding).  floodplain management regulations.  provide standards for the purpose of flood damage prevention and reduction.  sanitation facilities or structures witht their contents. Floodway (see definition for Regulatory Floodway) floodwater storage area during ai flood.  Floodway Fringe (or Flood Fringe) means the portion of the Special Flood Hazard Area outside of the floodway, which experiences shallower, lower-velocity floodwater than in the floodway. It serves as a temporary Floodway Encroachment Lines mean the lines marking the limits of floodways on Federal, State and local Freeboard means at factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, Functionally Dependent Use means a use which cannot perform its intended purpose unless it is located or carried outi in close proximity to water. Thet termi includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but Hazardous Substance (or Material) means any substance or material that, when involved in an accident and released in sufficient quantities, poses a risk to people's health, safety, and/or property. These substances and materials include explosives, radioactive materials, flammable liquids or solids, combustible liquids or solids, poisons, oxidizers, toxins, and corrosive materials. Itincludes any substance defined asa hazardous substance pursuant to 42 U.S.C. $9601(14) or listed as a hazardous waste pursuant to the Hazardous Wastes Management, Act, Section 22-30-1 et seq. and the regulations promulgated thereunder.  flood plain maps.  bridge openings, and the hydrological effect of urbanization of the watershed.  does not include long-term storage or related manufacturing facilities.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next  to the proposed walls of a structure. Historic structure means any structure that is:  (a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the secretary of the interior as meeting the (b) Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance ofa registered historic district or a district preliminarily determined by the secretaryto (c) Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the secretary of the interior; or (d) Individually listed on a local inventory of historic places and determined as eligible by communities (1) By an approved state program as determined by the secretary of the interior, or (2) Directly by the secretary of the interior in states without approved programs. Increased Cost of Compliance (ICC) means a claim under a standard NFIP flood insurance policy, available to flood insurance policyholders who need additional funding to rebuild after at flood. It provides up to $30,000 to help cover thei increased cost of mitigation measures to bring al building into compliance with the latest state or local floodplain management ordinances. Acceptable mitigation measures are elevation, floodproofing, relocation, and demolition, or any combination of these measures.  requirements for individual listing on the National Register;  qualify as a registered historic district;  with historic preservation programs that have been certified either:  Letter of map change (LOMC) is an official FEMA determination, by letter, to amend or revise effective flood insurance rate maps, flood boundary and floodway maps, and flood insurance studies. LOMC's are broken down a. Letter of map amendment (LOMA) an amendment based on technical data showing that a property was incorrectly included in a designated SFHA, was not elevated by fill (only by a natural grade elevation), and will not be inundated by the one percent chance flood. ALOMA amends the current effective FIRM and establishes that a specific property is not located in a SFHA. b. Letter of map revision (LOMR)i isar revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, al LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the BFE and is, therefore, excluded from the Conditional letter of map revision (CLOMR) isat formal review and comment by FEMA as to whether ap proposed project complies with the minimum NFIP floodplain management criteria. A CLOMR does not revise effective flood insurance rate maps, flood boundary and floodway maps, or flood Levee means a manmade structure; usually an earthen embankment designed and constructed in accordance with sound engineering practices, to contain, control, or divert the flow of water so as to provide Levee system means ai flood protection system which consists ofal levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with: sound engineering Lowest adjacent grade means the lowest elevation of the natural or regraded ground surface, or structural  into the following categories:  SFHA.  insurance studies.  protection from temporary flooding.  practices.  fill (or concrete slab or pavement), at the location of a structure.    Ord. No. 2024-8, amending Chapter 42-Floods ini its entirety, continued.  Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other thana basement, is not considered al building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this code. This definition applies even when the floor below ground Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or  level is not enclosed by full-height walls.  The term "manufactured home" does not include a "recreational vehicle".  more manufactured home lots for rent or sale. Market value (see definition for Fair Market Value)  Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Mixed Use Building means a building that has both residential and non-residential uses. National Flood Insurance Program (NFIP) isai federal program created byt the United States Congress in 1968 toi identify flood-prone areas nationwide and make flood insurance available for properties in participating communities. Communities must enact and enforce floodplain management regulations that meet or exceed the criteria established by FEMA in order to participate in the program. This program requires properties within the floodplain with ai federally backed or regulated mortgage, or those that receive federal housing subsidies, to buy National Geodetic Vertical Datum (NGVD) of 1929 means ar national standard reference datum for elevations, formerly referred to as Mean Sea Level (MSL) of 1929. NGVD 1929 may be used as the reference New construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after. January 15, 1988, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date ofa floodplain management regulation adopted by a community andi includes any subsequent improvements to such An existing buildingi is considered to be new construction ifi it is substantially improved or once it has been repaired New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including ata minimum, thei installation of utilities, the construction of streets, and either final site grading or the pouring of Non-Residentid Building means, a commercial or mixed-use building where the primary use is commercial or Non-residential Property means either a non-residential building, the contents within a non-residential North American Vertical Datum (NAVD) of 1988 means the vertical control datum established for vertical control surveying in the Unites States of America based upon the General Adjustment of the North American Datum of 1988. Itr replaces the National Geodetic Vertical Datum (NGVD) of 1929. Used by FEMA in many recent Flood Insurance Studies as the basis for measuring flood, ground, and structural elevations.  Rate Map are referenced.  flood insurance.  datum on some Flood Insurance Rate Maps (FIRMS).  structures.  after being substantially damaged/mproved.  concrete pads) was completed on or after. January 15, 1988.  non-habitational. building, or both.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Post-FIRM means, for floodplain management purposes, a post-FIRM building is one for which construction began after the effective date ofa community's NFIP-compliant floodplain management ordinance. For the purpose of determining flood insurance rates under the NFIP, a post-FIRM buildingi is al building for which construction began on or after the effective date of an initial Flood Insurance Rate Map of. January: 15, 1988, Pre-FIRM means, for floodplain management purposes, al building for which the start of construction occurred before the effective date of the community's NFIP-compliant floodplain management ordinance. For the purpose of determining flood insurance rates under the NFIP, a pre-FIRM building is a building for which construction began prior to the effective date of an initial Flood Insurance Rate Map or on or before December 31,  including any subsequent improvements to such structures.  1974, whichever is later.  Recreational vehicle means a vehicle which is: (a) Built on a single chassis;  (b) Four hundred square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by al light dutytruck; (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for Regular Program means the Program authorized by the Act under which risk premium rates are required for thet first half of available coverage (also known as "first layer" coverage) for all new construction and substantial improvements started on or after the effective date of the FIRM of January 15, 1988, or after December 31, 1974, for FIRM's effective on or before that date. All buildings, the construction of which started before the effective date of the FIRM, or before January: 1, 1975, for FIRMS effective before that date, are eligible for first layer coverage at either subsidized rates or risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates are always required for the second layer coverage and such coverage is offered only after the Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation Remedy a violation means to bring the structure or other development intoi full or partial compliance with state or local regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. Repetitive Loss Agricultural. Structure means an agricultural structure covered byal NFIP contract for flood insurance that has incurred flood-related damage on two (2) separate occasions in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event. Repetitive Loss Property means any NFIP-insured single family or multi-family residential building for which two or more claims of more than $1,000 were paid by the NFIP within any rolling 10-year period, since 1978. A Residential Building means a non-commercial building designed for habitation by one or more families or a mixed-use building that qualifies as a single-family, two-to-four family, or other residential building. Residential Property means either a residential building or the contents within a residential building, or both. Riverine means floodplain relating to, formed by, or resembling a river (including tributaries), stream, brook,  recreational, camping, travel, or seasonal use.  Administrator has completed a risk study for the community.  more than a designated height.  repetitive loss property may or may not be currently insured by the NFIP.  etc. Riverine floodplains have readily identifiable channels.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Section 1316 means Section 1316 of the National Flood Insurance Act of 1968, as amended, which provides for the denial of flood insurance coverage for any property which the Administrator finds has been declared bya duly constituted State or local authority tol bei in violation of State or local floodplain management regulations. Once a duly constituted State or local authority declares as structure as being in violation, the Administrator must deny flood insurance coverage provided that thei individual or office making the declaration has the authority to do so and that the law or regulations violated was, in fact, intended to discourage or otherwise restrict land  development or occupancy in the flood-prone area.  Section 1316 was intended for use primarily as a backup for local enforcement actions (i.e., ifa community could not force compliance through the enforcement mechanisms in its regulations, it could use Section 1316 as additional leverage) and was not intended merely as a mechanism to remove bad risks from the policy base. Section 1316 will only be implemented in instances where States or communities submit declarations specifically Severe Repetitive Loss Structure means a single family property (consisting of1 to 4 residences) that is covered under flood insurance by the NFIP and hasi incurred flood-related damage for which 4 or more separate claims payments have been paid under flood insurance coverage, with the amount of each claim payment exceeding $5,000 and with cumulative amount of such claims payments exceeding $20,000; or for which at least 2 separate claims payments have been made with the cumulative amount of such claims exceeding the reported  for that purpose.  value of the property.  Sheet Flow Area (see definition for Area of Shallow Flooding)  Single-family Dwelling means either (a) a residential single-family building in which the total floor area devoted to non-residential uses is less than 50 percent of the building's total floor area, or (b)asingle-family residential unit within a two-to-four family building, other-residential building, business, or non-residential building, in which commercial uses within the unit are limited to less than 50 percent of the unit's total floor area. Special flood hazard area (SFHA) means the land in the floodplain within a community subject toaone percent or greater chance of flooding in any given year as shown on al FHBM or FIRM: as Zones A, AE,AH, AO, AR, AR/AE, AR/AO, AR/AH, AR/A, A99, or VE. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of Start of Construction (for other than new construction or substantial improvements under the Coastal Barrier Resources. Act (Pub. L. 97-348)) means the date the development or building permit was issued (includes substantial improvement), provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means thet first placement of permanent construction of the structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the: stage of excavation, andi includes the placement ofa  flood insurance applies.  manufactured home on at foundation.  "Permanent construction" does not include initial land preparation, such as clearing, grading and filling; nor does iti include thei installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does iti include thei installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure. Fora substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means, fort floodplain management purposes, a walled and roofed building, including al liquid or gas storage tank, that is principally above ground, as well as a manufactured home. The terms "structure" and "building" arei interchangeable int the NFIP. Fori insurance purposes, structure means:    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (1) Abuilding with two or more outside rigid walls and ai fully secured roof, that is affixed to a permanent (2) Amanufactured home ("a manufactured! home," also known as a mobile home, is a structure: built on a permanent chassis, transported toi its site in one or more sections, and affixed to a permanent (3) At travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws. For thel latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, Substantial: damage means damage of any origin sustained by a structure whereby the cost of restoring the structure toi its before damaged condition would equal or exceed! 50 percent oft the market value of the structure Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement ofa structure, the cost of which equals or exceeds 50j percent of ther market value of the structure before the "start of construction" oft thei improvement. This termi includes structures which have incurred "repetitive loss" or "substantial damage", regardless of the actual repair work performed. The term does not, however, include  site;  foundation); or  except as described in paragraph (3) oft this definition, or a gas or liquid storage tank.  before the damage occurred.  either:  (1) Any project fori improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes specifications which have been identified byt thel local code enforcement official and which are the minimum necessary to assure: safe living conditions (provided thats said code deficiencies were not caused by neglect or lack of maintenance on the part of the current or (2) Any alteration ofa" "historic structure", provided that the alteration will not preclude the structure's Variance means a grant of relief by the City of Dothan from the terms ofat floodplain management Violation means thet failure of a structure or other development to bet fully compliant with the community's floodplain management regulations. As structure or other development without the elevation certificate, other certifications, or other evidence of compliance required int the Code of Federal Regulations (CFR) 54 44, Section 60.3 (b)(5), (c)(4), (c/(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to bei in violation until such time as that Watercourse means only the channel and banks of an identifiable watercourse and not the adjoining floodplain areas. Thei flood carrying capacity of a watercourse refers tot thet flood carrying capacity oft the channel. Water: surface elevation means thel height, in relation tot thel National Geodetic' Vertical Datum (NGVD)of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies int the floodplains of Wet floodproofing means a method of construction that involves modifying a building to allow floodwaters to enter iti in order to minimize damage to the building, using flood damage-resistant materials below the DFE throughout the building, raising utilities andi important contents to or above the DFE, installing and configuring electrical and mechanical systems to minimize disruptions and facilitate repairs, installing flood openings or other methods to equalize thel hydrostatic pressure exerted byf floodwaters, and, where required, installing pumps to Wet floodproofing shall not be utilized as a method to satisfy the requirements of this Ordinance for bringing substantially damaged ori improved structures into compliance. Wet floodproofing is not allowed in lieu of  previous owners) or;  continued designation asa' "historic structure".  regulation.  documentation is provided.  coastal or riverine areas.  gradually remove floodwater from basement areas aftert the flood.  complying with the lowest floor elevation requirements for new residential. buildings.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  XZones (shaded) means the areas on a FIRM: subject to inundation by the flood that has a 0.2-percent chance of being equaled or exceeded during any given year, often referred to the as 500-year flood. XZones (unshaded) designates areas on a FIRM where the annual probability of flooding is less than 0.2 Zone of Imminent Collapse means an area subject to erosion adjacent to the shoreline of an ocean, bay, or lake and within a distance equal to 101 feet plus 51 times the average annual long-term erosion rate for the site, (Code 1977, $1 14-4; Ord. No. 99-4,51,2-16-99; Ord. No. 2008-306, $1, 10-21-08; Ord. No. 2020-61, 51,3-3-20;  percent.  measured from ther reference feature. Ord. No. 2020-125, 51, 5-19-20) Cross referencet)-Defintions generally,51-2. Sec. 42-27.Authority.  The National Flood Insurance Program (NFIP) is managed by the Federal Emergency Management Agency (FEMA). Communities are not required to participate in the program by any law or regulation, but instead participate voluntarily in order to obtain access to NFIP flood insurance. Communities that choose to participate in the NFIP are required to adopt and enforce at floodplain development ordinance with land use and control measures that include effective enforcement provisions to regulate development in the floodplain resulting in FEMA has set forth in federal regulations the minimum standards required for participation in the NFIP; however, these standards have the force of law only because they are adopted and enforced by a state or local government; referred to as al NFIP community. Legal enforcement of the floodplain management standards is the responsibility of the participating NFIP community, which can elect to adopt higher standards as a means of mitigating flood risk. The City agrees to adopt and enforce this Ordinance, which meets or exceeds the minimum standards of the Code of Federal Regulations Title 44 560.3 in order to participate in the NFIP and have access to Thel Legislature oft the State of Alabama has in Code of Ala. 1975, 55 11-19-1-11-19-24;: 11-45-1-11-45-11, 11-52-1-11-52-84, and 41-9-166, authorized local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Commission of Dothan, Alabama, does  reduced future flood losses.  federal flood insurance and other federal assistance.  ordain as follows [in the following sections). (Code 1977, ch. 14, art. 1;Ord. No. 2020-61, $1,3-3-20)  Sec. 42-28. Findings of fact.  (a) Thei flood hazard areas of the city (the Federal Emergency Management Agency's [FEMA] designated Special Flood Hazard Areas (SFHAs) or other areas designated by the city as flood-prone areas) are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental: services, extraordinary public expenditures for flood protection, and impairment of the tax base, all of which adversely affect public health, safety and general welfare. (b) These flood losses are caused most often by development, as defined int this Ordinance, in areas designated as FEMA SFHAS or other areas designated by the city as vulnerable to flooding, including structures which are inadequately elevated or floodproofed (only non-residential structures) or are otherwise unprotected from flood damages; or by the cumulative effect of development in areas subject to flooding that cause increases  ini flood heights and velocities.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (Code 1977,514-1; Ord. No. 2020-61,51,3-3-20) Sec. 42-29. Statement of purpose.  Iti is the purpose of this article to promote the public health, safety and general welfare and to minimize (a) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion (b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against (c) Control the alteration of natural floodplains, stream channels, and natural protective barriers which (d) Control development (including filling, grading, paving, dredging and all other development as defined (e) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or  public and private losses due to flood conditions in specific areas by provisions designed to:  hazards or which increase-flood heights, velocities, or erosion; flood damage at thet time of initial construction; may influence the flow of water; in this article); and  which may increase flood hazards to other lands.  (Code 1977,514-2; Ord. No. 2020-61,91,3-3-20)  Sec. 42-30. Objectives.  The objectives of this article are to: (a) Protect human life and health;  (b) Minimize expenditure of public money for costly flood-control projects;  (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at (e) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and (f) Help maintain a stablei tax base by providing for the sound use and development of flood-prone areas (g) When asked for assistance regarding flood risk, ensure that potential home buyers are aware thata  the expense of the general public; (d) Minimize prolonged business interruptions;  sewer lines, and streets and bridges located ini floodplains; in such a manner as to minimize flood-blight areas; and property is in an area subject to flooding.  (Code 1977, $14-3; Ord. No. 2020-61, 51,3-3-20) Sec. 42-31. Lands to which article applies. areas subject to flooding within the jurisdiction of the city. (Code 1977,514-5; Ord. No. 2020-61,91,3-3-20)  This article shall applyt to all FEMA SFHAS and any additional areas designated by the city as floodplains or    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Sec. 42-32. Compliance.  Nos structure or lands shall be located, extended, converted or structurally: altered without full compliance  with thet terms oft this article and other applicable regulations. (Code 1977,514-8; Ord. No. 2020-61, $1,3-3-20) Sec. 42-33. Basis for special flood hazard areas.  The SFHAS identified byt the Federal Emergency Management Agencyi in its Flood Insurance Study (FIS), dated May 2, 2016, with accompanying Flood Insurance Rate Maps (FIRMs) and other supporting data and any revision thereto, are adopted by reference and declared a part of this ordinance. For those land areas acquired bya municipality through annexation, the current effective FIS and data for Houston, Dale, and Henry Counties are hereby adopted byr reference. Community Flood Hazard Areas may also be regulated as SFHAS. FEMA encourages communities to adopt areas prone to flooding to be added to the FIRMS. Areas ofs special flood hazard may also include those areas known tol have flooded historically: or defined through standard engineering analysis by a professional engineer, licensed to practice int the State of Alabama; or by governmental agencies or private organizations that are not yeti incorporated in al FIS organizations that are not yet incorporated into the FIS or When preliminary flood insurance studies and floodi insurance rate maps have been provided by FEMA to the (a) Priort tot thei issuance ofal letter oft final determination (LFD) by FEMA, the use of the preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths ini the effective: flood hazard data provided! by FEMA. Such preliminary data may! be (b) Upon the issuance of a letter of final determination (LFD) by FEMA, the revised flood hazard data shall beu used andi replace all previously effective flood hazard data provided byF FEMA for the purposes of Where adopted regulatory: standards conflict, the more stringent base flood elevation shall prevail. Preliminary FIS (Code 1977, $14-6; Ord. No. 99-4,91,2-16-99; Ord. N02002345.51.11.4902 Ord. No. 2005-272, $1,9-27-  otherwise designated by the community.  city:  subject to revision through valid appeals. administrating these regulations.  datar may be subject to change by a valid appeal. 05; Ord. No. 2020-61,51,3-3-20)  Sec. 42-34. Abrogation and greater restrictions.  This articlei is noti intended to repeal, abrogate or impair any existing ordinance, easements, covenants or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more  stringent restrictions shall prevail. (Code 1977, 51 14-9; Ord. No.: 2020-61,91,3-3-20) Sec. 42-35. Interpretation.  Int thei interpretation and application of this article, all provisions shall be:  (a) Considered as minimum requirements; other powers granted under state statutes.  (b) Liberallyo construed in favor of the! board of commissioners; and deemed neither to limit nor repeal any    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (Code 1977, $14-10; Ord. No. 2020-61, $1, 3-3-20) Sec. 42-36. Warning and disclaimer of liability.  The degree of flood protection required byt this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can andy will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not implyt that land outside the areas of special flood hazard or otheri identified areas subject toi flooding or uses permitted within: such areas willl be free from flooding or flood damages. This article shall not create liability on the part oft the city or by any officer or employee thereof for any flood damages that result from reliance ont this article or any administrative decision  lawfully made thereunder.  (Code 1977,514-11; Ord. No. 2020-61, 51,3-3-20) Sec. 42-37. Penalties for violation.  Violation of the provisions oft this Ordinance or failure to comply with any ofi its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions shall constitute: a misdemeanor. The Code of Alabama (1975), Title 11, Chapters 19 and 45 grant local governments in Alabama the authority to administer the enforcement provisions stated within this section of (a) Notice of violation. Ift the community determines that an applicant or other responsible party for the development has failed to comply with the terms and conditions ofap permit, or otherwise not in accordance with the provisions of this ordinance, it shalli issue a written notice of violation, by certified return receipt mail, to such: applicant or other responsible person. Where the person is engaged in activity covered byt this ordinance without having first secured a permit, the notice shall be served on the owner or the party in charge of the activity being conducted on the site. Therefore, any work undertaken prior tos submission and approval of an official permit byt the city or otherwise noti in accordance with this Ordinance shall constitutea violation of this Ordinance and be at the permit holder's risk. The notice of violation shall contain: (1) Ther name and address of the owner or the applicant or ther responsible party; (2) The address or other description oft the site upon which the violation is occurring; (3) Astatement specifying the nature of the violation (including failure to obtain a permit); (4) Ad description of the remedial measures necessary to bring the action ori inaction into compliance with the permit ort this ordinance and the date for the completion of such remedial action; (5) Astatement of the penalty or penalties that may be assessed against the person to whom the notice of (6) As statement int the Notice of Violation shall bei included that the determination of violation may be appealed tot the community byf filing a written Notice of Appeal within ten (10) working days after the Notice of Violation. Exceptions for the deadline for this Notice include: 1)int the event the violation constitutes a danger to public health or public safety, then a 24-hour notice shall be given; 2) ift there's an imminent or immediate threat to life or property, then immediate action is required.  the Ordinance.  violation is directed; and  (b) Additional enforcement actions. Ift the remedial measures described in the notice of violation have not been completed by the date set forthi in the notice of violation, any one or more oft thei following enforcement actions may be enacted against the person to whom the notice of violation was directed. Before taking any oft thet following actions ori imposing any of thef following penalties, the citys shall first notify the applicant or other responsible person in writing ofi its intended action. The city shall provide reasonable opportunity, of    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  not less than ten days (except, that ini the event the violation constitutes a danger to public health or public safety, then 24-hour notice shall bes sufficient; ift there's an imminent or immediate threat to the public health or public safety, then immediate action is required) to cure such violation. In the event the applicant or other responsible party fails to cure such violation after such notice and cure period, the city may take or impose any one or more of thei following enforcement actions or penalties listed below: (1) Stop work order. The community may issue a stop work order, which shall be served on the applicant or other responsible person. Upon notice from the Administrator, work on any building, structure or premises that is being performed contrary to the provisions of this Ordinance shall immediately cease. Such notice shall be in writing and shalll be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall: state the conditions under which work may be resumed. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forthi int the notice of violation or has otherwise cured the violation or violations described therein. The stop work order must includea provision thati it may be withdrawn or modified to enable the applicant or other responsible person (2) Termination of water service and/or withhold or revoke certificate of occupancy. The community may terminate utilities and/or refuse toi issue and/or revoke a certificate of occupancy for the building or other improvements and/or repairs conducted or being conducted on the site. The order shall remain in place until the applicant or other responsible party has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. (3) Suspension, revocation, or modifications of permit. The community may suspend, revoke, or modify the permit authorizing the development project. A suspended, revoked, or modified permit may be reinstated after the applicant or other responsible party has taken the remedial measures set forthi in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the community may deem necessary). That would enable the applicant or other responsible party to take the necessary remedial measures to cure such The Administrator may revoke a permit issued under the provisions of this Ordinance, in case there has been any false statement or misrepresentation as to the material fact int the ii. The Administrator may revoke a permit upon determination that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this (4) Civil penalties. Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and: safeguards established in connection with grants of variance or special exceptions shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 180 days, or both, andi in addition, shall pay all costs and expenses involved in the case. Each day such violation continues following receipt of the Notice of Violation: shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful actions as is necessary to prevent or remedy  tot take the necessary remedial measures to cure such violation or violations.  violations..  application or plans on which the permit or approval was based.  Ordinance.  any violation.  (5) Section 1316 Declaration. AS Section 1316 declaration shall be used only when all other legal means included int this Ordinance to remedy a violation have been exhausted and the structure remains is non-compliant. Once invoked, the property's flood insurance coverage will be terminated and no new    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  or renewal policy can be issued; no NFIP insurance claim can be paid on any policy on the property, The declaration must be in writing (letter or citation), from the community to the property owner and a. The name(s) oft the property owner(s) and address or legal description of the propertys sufficient b. Ad clear and unequivocal declaration that the property is in violation ofa cited state or local law, C. Ac clear statement that the public body making the declaration has authority to do so and a d. Evidence that the community has taken and exhausted all legal means to remedy the violation, including all Community enforcement actions, as specified in this Ordinance; and e. Notice of violation, and as statement regarding the prospective denial of insurance. The structure willl be considered a violation until such time the violation has been remedied. Ifa structure that has received a Section 1316 declaration is made compliant with all the applicable provisions of this Ordinance, then the Section 1316 declaration can be rescinded byt the community (c) Administrative appeal; judicial review. Any person receiving a notice of violation may appeal the determination of the community, including but not limited to thei issuance ofas stop work order, the assessment of an adminstratvelyeimposed monetary penalty, the suspension, revocation, modification, or grant with condition ofa permit by the community upon finding that the holder is in violation of permit conditions; or that the holder isi in violation of any applicable ordinance or any of the community's srules and regulations, or thei issuance of a notice of bond forfeiture. The notice of appeal must be in writing and must ber received within ten days from the date of the notice of violation. A hearing on the appeal shall take place within 30 days from the date of receipt of the notice of appeal by the floodplain administrator. (d) All appeals shall be heard and decided by the community's designated appeals board, which shall bet the city commission, or their designees. The appeal board shall have the power to affirm, modify, or reject the original penalty, including the right to increase or decrease the amount of any monetary penalty and the right to add or delete remedial actions required for correction of the violation and compliance with the community's floodplain development ordinance, and any other applicable local, state, or federal requirements. Appeals cannot be in opposition to the provisions of this Ordinance. The decision of the (e) Ajudicial review can ber requested by any person aggrieved by a decision or order of the community, after exhausting his/her administrative remedies. They shall have the right to appeal de novo to the circuit court.  and disaster assistance will be denied for the property.  the applicable FEMAI Regional Office, and must contain thet following items:  to confirm its identity and location; regulation or ordinance; citation of that authority;  and flood insurance eligibility restored.  appeal board shall be final.  (Code 1977, 51 14-12; Ord. No. 2020-61,51,33-20) Sec. 42-38. Savings clause. portions of this chapter. (Ord. No. 2020-61,91,3-3-20) Secs. 42-39--42-65. Reserved.  Ifany section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held to be noncompliant with 44 Code of Federal Regulation 59-78, such decision shall not affect the validity of the remaining    Ord. No2024-8, amending Chapter 42-Floods in its entirety, continued.  DIVISION. 2. ADMINISTRATION AND ENFORCEMENT Sec. 42-66. Designation of Floodplain Administrator.  The Public Works Directori is appointed to administer andi implement this article. The Public Works Director shall  hereto after be referred to as the Floodplain Administrator in this Ordinance. (Code 1977, $14-13; Ord. No. 2008-306, $2, 10-21-08; Ord. No. 2020-61,91,3-3-20) Sec. 42-67. Duties and responsibilities of Floodplain Administrator  The Floodplain Administrator and his/her designated staff is hereby authorized and directed to enforce the provisions oft this Ordinance. The Floodplain Administrator is further authorized to render interpretations of this Ordinance, which are consistent with its spirit and purpose. The duties of the Floodplain Administrator (a) Require permits for all proposed construction or other development int the community, including the placement of manufactured homes, so that it may! be determined whether such construction or other development is proposed within flood-prone areas. Ensure the public is aware that floodplain (b) Conduct regular inspections of the community's! SFHAS for any unpermitted development and issue Stop' Work Orders and Notice of Violations for anys such development. Any unpermitted structure or non-structural development ini the SFHA will be considered ay violation until such time that the (c) Review all permit applications of proposed development, to determine whether the proposed construction or other development willl be reasonablysafe from flooding and to assure compliance 1. Ift the provisions oft this Ordinance have been met, approve the permit. 2. Ifthe provisions oft this Ordinance have not been met, request that either corrections and accurate completion oft the application be made or disapprove the permit. (d) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required byt federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.-Maintain such (e) Notify adjacent communities and the Alabama Department of Environmental Management and the appropriate district office of the U.S. Army Corps of Engineers prior to any alteration or relocation ofa watercourse. Submit evidence ofs such notification to the Federal Emergency Management Agency (FEMA), and the NFIP State Coordinator's Office (Alabama Department of Economic and Community For any altered or relocated watercourse, submit engineering data/analysis within six months after completion of the project to FEMA and State to ensure accuracy of community flood maps through the  under this article shall include but not be limited to:  development permits are required for development in SFHAS.  violation has been remedied.  with this Ordinance.  permits permanently with floodplain development permit file-  Affairs, Office of Water Resources).    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse (g) Verify and record the actual elevation of the lowest floor, in relation to the mean sea level (or highest adjacent grade), of the regulatory floor, including basement, of all new or substantially improved 1) Review elevation certificates and require incomplete or incorrect certificates to be corrected and 2) A post-construction: elevation certificate is required to be kept with the permit and certificate of occupancy in perpetuity; a pre-construction elevation certificate can be used to ensure the correct elevation for the lowest floor and machinery along with the correct number of vents that willl be (h) Verify and record the actual elevation, in relation to the mean sea level, to which any new or substantially improved non-residential structures have been elevated or floodproofed, in accordance When floodproofing is utilized for a non-residential structure, the Floodplain Administrator shall obtain certification from a registered professional engineer, licensed to practice ini the State of Alabama, or licensed architect, registered to practice in the State of Alabama, in accordance with subsection 42- Where interpretation is needed as to the exact location of boundaries of the areas of SFHA (for example, where there appears to be a conflict between a mapped boundary and the actual field conditions), the Floodplain Administrator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the (k) When base flood elevation data or floodway data have not been provided in accordance with section 42-33, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer division 3of (I) Allrecords pertaining to this article shall be maintained, in perpetuity, in the office of the Floodplain Administrator and shall be available for public inspection when requested. (m) In addition, the floodplain administrator and his or her designated staffi is hereby authorized and directed to enforce the provisions of this ordinance. The administrator is further authorized to render interpretations of this ordinance, which are consistent with its spirit and purpose. (n) For any improvements made to existing construction located in the SFHA (as established in Section 42- 97 ensure that a permit is obtained. Also, conduct Substantial Improvement (SI) (as defined in Section 42-26 of this Ordinance) reviews and analysis of all structural development permit applications. Maintain ar record of the SI calculations and comments within the permit files in accordance with (o) For any residential and nonresidential structures located in the SFHAS that are damaged from any source, natural hazard or man-made, conduct Substantial Damage (SD) (as defined in Section 42-26 of The Floodplain. Administrator shall ensure that permits are obtained, in accordance with this The Floodplain Administrator should follow the procedures in its Community. Substantial Damage Management Plan to help enable the community to adequately manage the SI/SD determination process and the permitting and inspections for repairs during a post-disaster recovery.  is maintained following completion of the project.  residential structures, in accordance with subsection 42-69(b).  resubmitted for approval.  used.  with subsection 42-69(b).  97(b).  interpretation, as provided int this article.  this article.  Section 42-97(e) of this Ordinance.  this Ordinance) assessments.  1. 2.  Ordinance, prior to any repairs commencing.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  3. 4. 5. 6. 7.  Make SD determinations whenever structures within the SFHA area are damaged by any cause or origin. SD determinations shall not be waived to expedite the rebuilding process duringa Ift the community has al large number of buildings in their SFHA that have been damaged, they should decide in advance how best to handle permitting and inspecting damaged buildings for Ifrequired, a moratorium may be placed on all non-disaster related construction permits until The SD determinations should be performed immediately: after the damage-causing event or The community shall utilize methods and tools for collecting building data and performing analyses that will provide reasonable and defensible SD determinations. Those tools shall be capable of generating reports for record-keeping purposes and to provide to the applicable Maintain a record of the SD calculations within permit files in accordance with Section 42-97 (e) Ifthe SD determination finds that the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure Coordinate with the property owner and issue al letter to convey the SD determination. ii. Determine if the damage was caused by flooding and include the cause in the letter to the property owner. Also, include whether or not the structure qualifies as a repetitive loss structure per the definitions in Section 42-26 of this Ordinance. Thei information can be used to determine if the claim is eligible for an Increased Cost of Compliance ii. Coordinate with property owners and insurance companies for any NFIP claims. iv. Ift the repairs are to proceed, coordinate with the permit applicant to ensure a permit is obtained and inspections are conducted to ensure that all applicable provisions of this  post-disaster recovery or for any other reason. substantial damage determinations.  the community has sufficiently completed its SD determinations.  other cause of damage.  property owners if requested. of this Article.  8. 9.  before the damage occurred, the Floodplain Administrator shall:  claim.  Ordinance are adhered to without exception or waiver.  10. As structure qualifies as a repetitively damaged structure (synonymous to repetitive loss property) ifi it's determined to have been damaged by flooding two or more times within a 10- year period where the cost of repairing the flood damage, on average, equaled or exceeded. 25 percent ofi its market value at the time ofe each flood event. Alloft the provisions of Section 42- 67(1) for substantial damages shall apply to any repetitively damaged structure, whetheriti is Ift the structure is located within a SFHA and NFIP flood insurance claims were paid for each of the two flood losses then the structure is eligible for an Increased Cost of Compliance (ICC) claim. The following procedures shall be performed by the community to track repetitive losses and provide i. Maintain permit records of all reconstruction and repairs for flood damages; ii. Record the date of repairs for a particular building so that the repair history can be ii. Record thej flood-related cost to repair the building and the market value of the building before the damage occurred for each floode event; and iv. Issue a letter of Notice of Determination to the owner of the structure.  covered by NFIP flood insurance or not.  documentation necessaryj for an ICC claim:  checked. before the next permit is issued;    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  11. Ensure that phased improvements andi incremental repairs do not circumvent the SI/SD 12. Ensure that any combinations of elective improvements being made in addition to the necessary 13. An applicant for a permit may appeal a decision, order, or determination that was made by the  requirements.  repairs to damages are included in making the SI/SD determination.  local official for the following:  i. The local official's finding or determination that the proposed work constituting a SI/SD were based on insufficient information, errors, or repair/lmprovement costs that should ii. The local official's finding or determination that the proposed work constituting: a SI/SD were based on inappropriate valuations of costs for the proposed work, or an inappropriate method to determine the market value oft the building. 14. Iti is not appropriate for a permit applicant to seek an appeal who wishes to build in a manner that is contraryt to the regulations and codes included in this ordinance. Ini those cases, the 15. Ensure that any building located in a floodway that constitutes a SI/SD has an engineering analysis performed in accordance with Section 42-97 (e)(2). Ifthat analysis indicates any increase in the BFE, the local official must not allow the proposed work unless the structure is (p) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood- damaged structure covered by a standard flood insurance policy into compliance (either substantially damaged structures or repetitive loss structures) to ensure eligibility for ICC funds. 1. After the Certificate of Occupancy has been issued for al building and the Floodplain Administrator observes or has reasonable cause to believe that renovations or retrofits have been made tot the building, structure, or premises located in a SFHA that appear to be in violation of any provisions of this Ordinance, he/she shall have the right to seek entry 2. Whenever it becomes necessary to make an inspection to enforce any of the provisions of this ordinance, the Floodplain Administrator may enter such building, structure or premises at all reasonable times to inspect the same or perform any duty imposed upon the 3. Ifsuch building or premises are occupied, the Floodplain Administrator shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of such building or premises prior to entry. 4. Ifentryis refused, the Floodplain Administrator shall have recourse to every remedy provided by law to secure entry of the building, structure, or premises. 5. When the Floodplain Administrator shall have first obtained a proper inspection warrant or other remedy provided byl law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Floodplain Administrator for the purpose of inspection and examination pursuant to this  bei included and/or excluded;  applicant should seek a variance.  brought intoi full compliance with this Ordinance.  (q) Right of entry.  into that building as described in (2)t to (5) below.  Floodplain Administrator by this ordinance.  ordinance.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  r.  Stop work orders.  1. Upon notice from the Floodplain. Administrator, work on any building, structureor premises that is being performed contrary to the provisions oft this chapter shall 2. Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or tot the person doing the work, and shall state the conditions under which  immediately cease. work may be resumed. Revocation of permits.  S.  1. The Floodplain. Administrator may revoke a permit or approval, issued under the provisions oft this chapter, in caset there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 2. The Floodplain Administrator may revoke a permit upon determination that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with,  the provisions of this chapter.  (Code 1977, S 14-14; Ord. No. 99-44, 51,2-16-99; Ord. No. 2008-306, 52, 10-21-08; Ord. No. 2020-61,51,3-3-20)  Sec. 42-68. Establishment of a Floodplain Development Permit  AD Development Permit shall be required in conformance with the provisions of this article prior to the commencement of any development, as defined in this Ordinance, in identified areas of special flood hazard and  community flood hazard areas within the community.  (Code 1977, $14-7; Ord. No. 2008-306, $2, 10-21-08; Ord. No. 2020-61,91,33-20)  Sec. 42-69. Permit procedures.  Application for al Floodplain Development Permit shall be made to the Floodplain Administrator on forms furnished by the community PRIOR to any development (any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials) in the SFHAS of the community, and may include, but not be limited to, thei following: plans in duplicate drawn to scale showing the elevations of the area of development and the nature, location, and dimensions of existing or proposed development. Specifically, the following procedures and information are required for all projects in the SFHA or other designated  floodplains within thej jurisdiction of the city: (a) Application stage. Plot plans aret to include:  (1) The elevation, in relation to the mean sea level (or highest adjacent grade), of the regulatory lowest (2) The elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed; (3) Design certification from a professional engineer, who is licensed to practice in the State of Alabama, or architect, who is licensed to practice in the State of Alabama, that any proposed non-residential floodproofed structure will meet the floodproofing criteria in subsection 42-97(b) and 42-100(b); (4) A description of the extent to which any watercourse willl be altered or relocated as a result of the proposed development including current and proposed locations of the watercourse. An engineering report shall be prepared by a professional engineer, whoi is licensed to practice ini the! State of Alabama, on the effects of the proposed project on the flood-carrying capacity of the watercourse and the  floor, including basement, of all proposed structures;    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  effects to properties located both upstream and downstream. The affected properties shall be (5) The base flood elevation (BFE) where provided as set forth in section 42-33; subsection 42-97; and (6) Boundary of the special flood hazard area and floodway(s) as delineated on the FIRM or other flood (7) Flood zone designation of the proposed development area as determined on the FIRM or other flood (8) Af foundation plan, drawn to scale, that shalli include details of the proposed foundation system to ensure all provisions oft this ordinance are met. These details include, but are not limited to, the proposed method of elevation (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on Oumapaiypepleher walls) and description of any flood openings required in accordance with subsections 42-97(a) and (f); when solid foundation perimeter walls are  depicted on a map or on they plot plan; subsection 42-97(e);  map as determined in section 42-33; mapi as determined in section 42-33;  used;  (9) Usage details of any enclosed areas below the lowest floor shall be described; water systems to be located and constructed to minimize flood damage;  (10) Plans and/or details for the protection of public utilities andi facilities such as sewer, gas, electrical, and (11) Certification of the plot plan by al licensed professional engineer or surveyor, whoi is licensed to practice (12) In any lot or lots/areas that willl be or have been removed from the specialj flood hazard area utilizing a Letter of Map Revision Based on Fill (LOMR-F), the top of fille elevation must meet the community's freeboard elevation at that location. Ifthe top off fille elevation is below thej freeboard elevation, all new structures, additions to existing buildings or substantial improvements must meet the required  ini the State of Alabama, is required.  community; freeboard elevation. Construction: Stage  (b)  For all new construction and substantial improvements, the permit holder shall provide to the Floodplain Administrator an as-built certification of the regulatory floor elevation or flood-proofing level using appropriate FEMA elevation or floodproofing certificate immediately after the lowest floor or flood-  proofing is completed. In addition:  (1) When flood-proofing is utilized for non-residential structures, said certification shall be prepared byap professional engineer, whoi is licensed to practice in the State of Alabama, or architect, who (2) Anyv work undertaken prior to submission of these certifications shall be at the permit holder's (3) The Floodplain Administrator shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected byt the permit holder immediately and prior to further work being allowed. Failure to submit certification or failure to make the required corrections, shall be cause to issue a Notice of Violation and/or Stop-Work Order for (4) The Floodplain. Administrator shall make periodic inspections of projects during construction throughout the SFHAS within thej jurisdiction of the community to ensure that the worki is being done accordingt to the provisions of this Ordinance and the terms of the permit. Members oft the inspectionsyengineering department shall have a right, upon presentation of proper credentials,  isr registered to practice in the State of Alabama.  risk.  the project.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  to enter on any premises within thet territorial jurisdiction of (Community) during normal business hours oft the community for the purposes ofi inspection or other enforcement action. (5) Thel Floodplain. Administrator may revoke andi require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any departure from the approved application, plans, and specifications; for refusal ort failure to comply with ther requirements of State or local laws; or for false statements orn misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued iny violation of an applicable State or local law may also be revoked.  (c)Finished Construction  Upon completion of construction, al FEMA elevation certificate (FEMA Form 81-31 or equivalent), which depicts all finished construction elevations, must be submitted to the Floodplain Administrator prior to  issuance ofa Certificate of Occupancy.  1. Ifthep project includes af floodproofing measure, al FEMA floodproofing certificate must be submitted byt thep permit holder tot the Floodplain Administrator. 2. The Floodplain. Administrator shall review the certificate(s) and the data submitted. Deficiencies detected bys such review shall be corrected byt the permit holder immediately and prior to Certificate of Complance/Occupaney issuance. 3. Insome instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold thei issuance ofa a Certificate of Complance/ccupancy. 4. Documentation regarding completion of and compliance with the requirements stated in thep permit application and with Section 42-69(a) of this Ordinance shall be provided tot the local Floodplain Administrator at the completion of construction or records shall be maintained throughout the Construction Stage byi inspectors for the Floodplain Administrator. Failure to provide the required documentation: shall be cause to withhold 5. Allr records that pertain tot the administration of this Ordinance shall be maintained in perpetuity: andr made available for publici inspection, recognizing that suchi information may  thei issuance ofa Certificate of Complance/Occupaney, bes subject tot the Privacy Act of 1974, as amended.  (Code 1977, 51 14-14; Ord. No. 99-44, 51,2-16-99; Ord. No. 2008-306,52, 10-21-08; Ord. No. 2020-61, $1, 3-3-20;  Ord. No. 2020-125, $2, 5-19-20) Sec. 42-70 Variance procedures.  (a) Designation ofv variance and appeals board. The board of zoning adjustment as established by the city commission shall hear and decide requests for appeals or variance from the requirements of this ordinance. (b) Duties of the board. The board shall hear and decide appeals wheni iti is alleged an errori in any requirement, decision, or determination is made by the Floodplain Administrator int the enforcement or administration of this chapter. Any person aggrieved by the decision of the board of zoning adjustment may appeal such (c) Variance procedures. In reviewing requests for variance, thel board of zoning adjustment shall consider all technical evaluations, relevant factors, and: standards specified in other sections of this ordinance, and:  decision to the circuit court, as providedi in Code of Ala. 1975, 11-52-81.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (1) Certain facilities and structures must be located on or adjacent to water in order to perform their intended purpose which may result inj practical and operational difficulties due tot the physical characteristics of the property. Variances may be issued for development necessary for the conduct of af functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, the development is protected byr methods that minimize flood damage during the base flood, (2) Variances shall not be issued within any designated floodway if anyi increase in flood levels during the (3) Variances may! be issued for the construction or substantial improvement of accessory structures  andi it creates no additional threats to publics safety. base flood discharge would result.  provided it has been determined that the proposed structure: contents damage, and loss of function).  a) b) ç)  Represents minimal investment and has low damage potential (amount of physical damage, Complies with the wet floodproofing construction requirements of Section 42-97(f). (4) Variances may! bei issued for the construction or substantial improvement of agricultural structures  Isl larger than thes size limits specified in Section 42-97(h)(9).  provided it has been determined that the proposed structure:  a) b) c)  Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities andl livestock, or storage of tools or equipment used in connection with Has low damage potential (amount of physical damage, contents damage, and loss of function). Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but notl limited to the effects of flooding on manure: storage, livestock confinement operations, liquified natural gas terminals, and production and storage of Is an aquaculture structure that is dependent on proximity to wateri ifl located in a coastal high- Complies with the wet floodproofing construction requirements of Section 42-97 (f).  these purposes or uses, and will be restricted to such exclusive uses.  highly volatile, toxic, or water-reactive materials. hazard area (Zones V, VE,V130, and' VO).  d) e)  (5) The evaluation must be based on the characteristics unique tot that property and not be shared by adjacent parcels. The characteristics must pertain tot the land itself, not to the structure, its inhabitants, (6) Variances should never be granted for multiple lots, phases of subdivisions;, ore entire subdivisions. (7) Careful consideration and evaluation should be given tot thef following factors: a) The danger of life and property due toi flooding or erosion damage including materials that may be b) The susceptibility of the proposed facility andi its contents to flood damage and the effect ofs such C) The safety of access to the property during flood conditions for daily traffic and emergency' vehicles. d) The importance of thes services provided byt the proposed facility tot the community. e) Ther necessity of thet facility tol be atav waterfront location, where applicable.  ori its owners.  swept onto other lands tot thei injury of others. damage on thei individual owner and the community.  The compatibility of the proposed use with existing and anticipated development based on the Thee expected heights, velocity, duration, rate of rise, and sediment transport of thef floodwaters and  community's comprehensive plan for that area. the effects of wave action, if applicable, expected att the site.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  h) The costs associated with providing governmental: services to the development during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water: systems, and community! infrastructure such as streets, bridges, and  culverts.  Upon consideration of factors listed above, and the purpose of this ordinance, the board of zoning adjustment may attach such conditions to the granting of variances asi it deems necessary tot further the purposes of this ordinance. (d) Variances for historic structures. Variances may be issued for the repair or rehabilitation of historic structures upon a determination: that thep proposed repair or rehabilitation will not preclude the structure's continued designation as a historic: structure and they variance ist the minimum to preserve thel historic character and (e) Conditions for variances. The provisions of this chapter are minimum: standards forf flood loss reduction, therefore any deviation from thes standards must be weighed carefully. Variances shall only be issued upona determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (1) Avariancer may be issued for new construction and: substantial improvements to be erected on al lot of one-half acre or less ins size, contiguous to and surrounded byl lots with existing structures constructed belowt thel base flood level, in conformance with the procedures of section 42-70()(3), (j)(4), (k)(1), and (2) Int thei instance of al historic structure, a determination is required that the variance ist the minimum necessary: so as not to destroy thel historic character and design of the building.  design of the structure.  (k)(2).  (3) Avariance shall be issued only when there is: a. Af finding of good and sufficient cause;  b. Ad determination that failure to grant the variance would result in exceptional hardship (cannot Adetermination: that the granting of a variance will not result ini increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.  bep personal, physical, or financial hardship); and  (4) Avariance: shall only be issued upon a determination that the variance ist the minimum necessary,  considering thet flood hazard, to afford relief. (5) Variances shall not bei issued' "after thet fact."  (f) Variance notification andi records.  (1) Any applicant to whom a variance is granted shall be given written notice over the signature ofa community official that specifies the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that thei issuance of such a variance could: a. Resulti int flood insurance rate increases in the! hundreds and possiblythousands: of dollars annually depending on structure and site-specific conditions; and b. Increase the riskt tol life and propertyr resulting from construction below the base flood level. (2) Thef floodplain administrator shall maintain a record of all variance actions and appeal actions, including justification for theiri issuance. Report any variances to the Federal Emergency Management Agency Region 4and the Alabama Department of Economic and Community Affairs/Office of Water (3) Ad copy of ther notice shall be recorded byt the Floodplain Administrator ini the office oft the city clerk and shall be recorded in ar manner so that it appears in the chain of title (i.e., deed) of the affected parcel of (Code 1977,514-16; Ord. No. 99-4,91,2-16-99; Ord. No. 2008-306, $2, 10-21-08; Ord. No. 2020-61,91,3-3-20)  Resources upon request.  land.    Ord. No. 2024-8, amending Chapter 42-Floods ini its entirety, continued.  Secs. 42-71--42-95. Reserved.  DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION  Sec. 42-96. General standards. and substantial improvements:  In ALL SFHAS and flood-prone areas regulated byt the city, the following provisions are required fora all proposed development including new construction, reconstruction or repairs made to repetitive loss structures,  (a) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including but, not limited to section 404 oft the Federal Water Pollution Control Act Amendments of 1972, 33U.S.C.1334 and the Endangered: Species Act (1973, 16 U.S.C. 1531-1544). Maintain such permits permanently with (b) New construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the: structure resulting from hydrodynamic: andl hydrostatic loads, including the effects of buoyancy; (c) Review subdivision proposals and other proposed development, including manufactured home parks or subdivisions, to determine whether such proposals willl be reasonably: safe from flooding. Ifa subdivision proposal or other proposed development is ina as SFHA, any such proposals shall be reviewed  floodplain development permit file;  to assure that:  1) They are consistent with the need to minimize flood damage within the SFHA, 2) All public utilities andi facilities, such as sewer, gas, electrical and water systems are located and 3) Allr new and replacement water supply systems are to be designed to minimize or eliminate 4) All new and replacement sanitary sewage systems aret to be designed to minimize ore eliminate infiltration of flood waters into the: systems and discharges from the systems into flood waters, 5) Onsite waste disposal systems are to be located to avoidi impairment to them or contamination  constructed to minimize or eliminate flood damage, infiltration of flood waters into the systems,  from them during flooding, and  6) Adequate drainage provided tor reduce exposure toi flood hazards.  (d) Manufactured homes shall be installed using methods and practices which minimize flood damage. They must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring mayi include but are notl limited to the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local requirements for resisting wind forces; (e) New construction and substantial improvements shall be constructed with materials resistant to flood (f) New construction and substantial improvements shall be constructed by methods and practices that (g) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or  damage below the BFE; minimize flood damages.    Ord. No. 2024-8, amending Chapter 42-Floods ini its entirety, continued.  located so as to prevent water from entering or accumulating within the components during conditions (h) New: and replacement water supply systems shall be designed to minimize or eliminate thei infiltration (i) New and replacement: sanitary sewer: systems shall be designed to minimize or eliminate the infiltration of floodwaters into the systems and discharges from the systems into floodwaters; () Onsite waste disposal systems shall be located and constructed to avoid impairment to them or (K) Any alteration, repair, reconstruction ori improvement to new construction and substantial improvementswhich is not compliant with the provisions of this section, shall be undertaken onlyi if Proposed new construction ands substantial improvements that are partially located in a SFHAS shall have thee entire structure meet thes standards oft this article for new construction; and (m) Where new construction and substantial improvements locatedi in multiple SFHAS ori in a SFHA with multiple BFES-the entire structure shall meet the standards for the most hazardous flood hazard risk (Code 1977, $14-17; Ord. No. 99-44, $1,2-16-99; Ord. No. 2008-306, $3, 10-21-08; Ord. No. 2020-61,91,3-3-20)  off flooding;  off floodwaters intot the system;  contamination from them during flooding;  the nonconformity is not furthered, extended or replaced;  zone and the highest BFE.  Sec. 42-97. Specific1 Technical standards.  Ina all Special Flood Hazard Areas designated as A, AE, AH (with engineered or estimated BFE), the following (a) Residential andi non-residential: structures. Where BFE datai is available, new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvement of any structure or manufactured home shalll have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation (also referred to as the design flood elevation). Should solidf foundation perimeter walls be used to elevate a structure, openings sufficient tot facilitate the unimpeded movements of flood waters shall be providedi in accordance with standards of Section 42- (b) Non-residential. structures. New construction, reconstruction or repairs made to a repetitive loss structure, or the substantial improvement of any non-residential structure locatedi in AE or AH: zones, may bet floodproofed (dry) in lieu of elevation. The: structure, together with attendant utility and sanitary facilities, must be designed to be water tight to atl least one foot above thel base flood elevation (herein after referred to as the design flood elevation), with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and (1) Ap professional engineer, whoi is licensed to practice int the State of Alabama, or licensed architect, whoi is registered to practice in the State of Alabama, shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with the standards in ASCE-24 (for dryf floodproofing) or other compatible standards of practice for meeting the provisions above, ands shall provide such certification tot the official as set forth above andi in Section 42-67(e). (2) A record of such certificates, which includes the specific elevation (in relation to mean sea level) tov which such structures are floodproofed, shall be maintained with the official permitting  provisions are required:  97(f).  hydrodynamic loads and the effect of buoyancy.  records for the structure and kept in-perpetuity.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (3) Any non-residential functionally dependent structure (as defined in Section 42-26) that cannot meet the standards stated in Section 42-97(b)(1) shall require a variance to bei issued in (4) Any non-residential. structure, or part thereof, made watertight below the DFE shall be floodproofed in accordance with the applicable standards in ASCE24. All plans and specifications fors such floodproofing shall be accompanied by a statement certified by a professional engineer, who is licensed to practice in the State of Alabama, or licensed architect, who is registered to practice in the State of Alabama, which states that the proposed design and methods of construction are in conformance with the above referenced. standards. There should be a statement submitted with the permit application and a statement submitted with the as-built Floodproofing Certificate prior to the issuance oft the Certificate of Occupancy. (5) Prior to the issuance of the Certificate of Occupancy, the following must be submitted for any (1) Ani inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions.  accordance with Section 42-70(j)(3) and (c)(1).  non-residentidl. structure that will be floodproofed.  Components that must be inspected include at a minimum: Mechanical equipment such as sump pumps and generators,  Flood shields and closures, Walls and wall penetrations, and Levees and berms (as applicable).  (c) Standards for manufactured homes and recreational vehicles. Where base flood elevation data are  available:  (1) Require that all manufactured homes placed or substantially improved: a. Outside of a manufactured home park or subdivision;  b. In new or substantially improved manufactured home parks or subdivisions; In expansions to existing manufactured home parks or subdivisions; or incurred "substantial damage" as the result of a flood,  d. In an existing manufactured home park or subdivision on which a manufactured home has be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the BFE and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral (2) Require that all manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of a. The lowest floor of the manufactured home is one foot or more above the BFE; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the highest adjacent grade and be securely anchored to an adequately anchored foundation Concrete block piers (and other foundation systems) are to be designed in accordance with the Code of Federal Regulations Title 24, Part 3285 and with the specifications in FEMA P- 85: Protecting Manufactured Homes from Floods and Other Hazards -A/ Multi-Hazard  movement.  Subsection 42-97(c)(1) may be elevated so that either:  system to resist floatation, collapse, and lateral movement.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Foundation and Installation Guide. The $3285.306 Design procedures for concrete block piers and FEMA P-85 (Table SP-1.1), specify that the maximum allowable pier height (measured from top of grade) for concrete piers to be five (5) feet. d. The chassis and its supporting equipment are to be above the pier or other foundation. The areas below the chassis must be constructed with flood-resistant materials. All utilities and mechanical equipment must be elevated to a minimum of three (3) feet above the highest adjacent grade. Any utility and mechanical components that must be below the BFE must be made watertight to that same elevation to meet the standards in Section 42-  96lg).  (3) Require that all recreational vehicles placed on sites must either: a. Be on the site fori fewer than 180 consecutive days,  b. Be fully licensed and ready for highway use on its wheels orj jacking system, C. Be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additions; OR d. Must meet all the requirements for "new construction", including the anchoring and elevation requirements of subsections 42-97(c)(1), above.  d) Standards for Manufactured Homes Where No Base Flood Elevation Exists.  1) 2) 3)  Require that all manufactured homes to be placed within az Zone A: area on the FIRM shall be Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring mayi include, but are not to be limited to, use of over-the-top The manufactured home chassis must be supported by reinforced piers or other foundation elements of at least equivalent strength such that the bottom of the chassis and its supporting equipment ber no less than 36 inches and upt to a maximum 60 inches (five feet) above the highest adjacent grade and bes securely anchored to an adequately anchored foundation system. The areas below the chassis must be constructed with flood-resistant materials. All utilities and mechanical equipment must be elevated to a minimum of 31 feet above the highest adjacent grade. Any utility and mechanical components that must be below the BFE must be made watertight to that same elevation to meet the standards in Section 42-96(g).  installed using methods and practices which minimize flood damage.  or frame ties to ground anchors.  4)  (e) Floodway. Located within areas of special flood hazard established in section 42-33, are areas designated as floodway. A1 floodway may be an extremely hazardous area due to velocity flood waters, debris ore erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions (1) The community shall select and adopt ar regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any point. (2) Encroachments, including fill, new construction, substantial improvements or other development arep prohibited within the adopted regulatory floodway unless iti is demonstrated through  shall apply:    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in BFES during the occurrence of the base flood discharge. Aregistered professional engineer must provide supporting technical data and certification (No-Rise Certificate) to FEMA for the proposed floodway encroachment. The No-Rise Certificate must be submitted to the Floodplain Administrator with the development permit (including a Site Plan showing the current and proposed floodway (3) Only if subsection 42-97(e)(1) or (2) above is satisfied, then any new construction or substantial improvement in a floodway shall comply with all other applicable flood hazard reduction provisions of Section 42-97(f). After satisfying the required provisions stated in this section, encroachments in floodways should be limited to the following types of projects: (a) flood control and stormwater management structures; (b) road improvements and repairs; (c) utility easements/nghtsdway, and  alignment) for approval.  (d) public improvements or public structures for bridging over the floodway. (4) Fencing shall be prohibited in floodways unless it is demonstrated that such development will not cause anyi increase in the BFE. Appropriate analysis and documentation shall be submitted along with the development permit for review and approval. Fences that have the potential to block or restrict the passage of floodwaters (byt trapping debris or with openings too small to allow unhindered passage of water), such as stockade and wire mesh fences, shall meet the  requirements of Section 42-97 (e)(2).  (f) Enclosures for elevated buildings. All new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvements of existing structures (residential and non-residential) that include anyf fully enclosed area below the BFE, located below thel lowest floor formed by the foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by (1) Designs for complying with this requirement must either be certified by a professional engineer, who is licensed to practice in the State of Alabama, or licensed architect, registered to practice in a. Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding (ifas structure has more than one enclosed area below the base flood elevation, each shall have openings on exterior b. Openings shall be in at least two walls of each enclosed area (includes areas separated by Thel bottom of all openings shall be no higher than one foot above grade; and d. Openings may be equipped with screens, louvers, valves and other coverings or devices provided that they permit the automatic entry and exit of floodwaters in both directions without impeding or blocking flow and shall be accounted fori in determination of the net Openings meeting the requirements of Section 42-97(f)(1)(a)- (d) that are installed in (2) Soas not to violate the' "lowest floor" criteria of this ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage, or access to the elevated  allowing for the automatic entry and exit of flood waters.  the State of Alabama, or meet the following minimum criteria:  walls); interior walls);  open area; and doors are permitted.  area.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (3) The interior portion of such enclosed area shall not be partitioned or finished into: separate (4) All interior walls, ceilings and floors below the BFE shall be unfinished and/or constructed of flood damage-resistant materials. This practice is also referred to as "wet floodproofing". The definitions for "flood damage-resistant materials" and "wet floodproofing" are included in (5) Mechanical, electrical or plumbing devices shall be installed not less than one foot above the BFE. Thei interior portion of such enclosed area(s) shall be void of utilities except for essential lighting and power, as required, that are watertight or have otherwise been floodproofed. (6) Property owners shall be required to execute at flood openings/venting affidavit acknowledging that all openings willl be maintained as flood vents, and that the elimination or alteration ofthe openings in any way will violate the requirements for enclosures below the BFE. Periodic inspections will be conducted byt the Floodplain Administrator to ensure compliance. (7) Property owners shall agree, certify, and declare to the following conditions and restrictions placed on the affected property as a condition for granting a permit.. A binding agreement, referred to as a non-conversion agreement, is required to be executed and recorded with the deed. It shall obligate the owner to the following terms and conditions: a. That the enclosed area(s) shall remain fully compliant with all parts of subsection (f) of this section unless otherwise modified to be fully compliant with the applicable sections of the Floodplain Development Ordinance in effect at the time of conversion. b. Aduly appointed representative of the cityi is authorized to enter the property for the purpose of inspecting the exterior and interior of the enclosed area to verify compliance The city may take any appropriate legal action to correct any violation pertaining to the  rooms.  Section 42-26.  with the agreement and permit. agreement and the subject permit.  (g) Require, until a regulatory floodway is designated, that no new construction, substantial  improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the city's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (h) Accessory and Agricultural Structures- - When an accessory structure meets the requirements outlined below, these structures may be wet-floodproofed and do not have to be elevated to one foot above A permit shall ber required prior to construction ori installation of any accessory structures and any agricultural structures built below the DFE and thet following provisions apply: (1) Must be adequately anchored to prevent flotation, collapse, or lateral movement; (2) Must be designed with an unfinished interior and constructed with flood damage-resistant (3) Must have adequate flood openings as described in Section 42-97(f); (4) Must be constructed and placed on the building site so as to offer the minimum resistance to the (5) Must comply with the requirements for development in floodways in accordance with Section (6) Must elevate any mechanical and other utility equipment in or servicing the structure to or  the BFE as required in Section 42-97(a).  materials below the DFE as described in Section 42-97(f);  flow of floodwaters; 42-97(e);  above the DFE or must be floodproofed in accordance with Section 42-96;    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (7) Prohibit storage of any! hazardous or toxic materials below the DFE.  (8) Permits for small accessory: structures may be issued to provide wet floodproofing measures in accordance with the standards described in subsections (i) through (iv) belowwithout requiringa variance. Before issuing permits for small accessory structures, the Floodplain Administrator must verify:  (a) Use is limited to parking of vehicles or storage;  (b) Size is less than or equal to a one-story, two-car garage for all A zones;  (c)  Structures are ar minimal investment and have a low damage potential with respect to  the structure and contents;  (d) Structures will not be used for human habitation;  (e) Structures comply with the wet floodproofing requirements in Section 42-97(f). (9) Permits for accessorys structures larger than the size allowed fori in subsection (h)(8) above, shall require a variance to be granted on a case-by-case basis in accordance with Section 42-70(d). Variances (10) Permits for new construction of all agricultural structures shall require a variance to be granted (11) when structures are: substantially damaged by any cause or will be: substantially improved, communities must require that the structures be brought into compliance with all requirements. for new construction. In accordance with guidance in FEMA Publication 2140, agricultural structures that are substantially damaged byj flooding and agricultural. structures that are repetitive loss structures are permitted to be repaired or restored to pre-damage condition, provided the following are satisfied: (a) Ifsubstantially damaged, the substantial damage determination is based only on the (b) The proposedi repair or restoration does not change the size of the structure and does not significantly alter the nature of the building. With the exception of costs associated with wet floodproofing in accordance with Section 42-97lf), proposals that include work beyond or in addition to that necessary to repair or restore the structure to pre-damage conditions must be regulated as substantial improvements as provided. for in this Ordinance. (c) The repaired or restored: structure will continue to be an agricultura! structure, as (d) Owners are notified, in writing, that agricultural. structures approved under this  shall not be granted for entire subdivisions for accessory: structures. onacase-by-case basis in accordance with Section 42-70(e).  cost to repair damage caused by flooding to pre-damage conditions.  defined in this Ordinance. subsection:  Will not be eligible for disaster relief under any program administered by FEMA or Will have NFIP flood insurance policies rated based on the structure's risk. May be denied NFIP flood insurance policies if repairs do not include the wet  any other Federal agency.  floodproofing requirements of Section 42-97lf).  (e) When owners elect to wet) floodproof. flood-damaged agricultural structures as part of repair or restoration to pre-damage condition, the structure shall comply with the requirements (f) A variance shall be required to allow wet) floodproofing in-lieu of elevation or dry- (12) Prohibit the storage of hazardous substances (as defined in Section 42-70) in any residential accessory structure located in a SFHA. Limit the storage in non-residential accessory structures to only fertilizers, petroleum products, and pesticides essential for landscaping purposes. Limit storage in agricultural structures to only fertilizers, petroleum products, and pesticides necessary for agricultural purposes. In both cases, storage shall be in strict compliance with the requirements of Section 42-97U). (i) Underground and Aboveground Storage (Liquid and Gas) Tanks - Tanks and tank inlets, fill openings, outlets, and vents that are located below the DFE shall be designed, constructed, installed, and anchored  ofSection 42-97lf).  floodproofing in accordance with the definitions in Section 42-70.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  tor resist all flood-related loads (flotation, collapse, or lateral movement resultingf from hydrostatic and hydrodynamic forces) and any other loads, including the effects of buoyancy, during flooding up to and including the 100-year flood and without release of contents into floodwaters or infiltration of (1) Ap permit that includes floodplain development: shall ber required prior to construction or installation of any underground and aboveground tanks (including their foundation ands support (2) Loads on underground tanks and aboveground tanks exposed to flooding shall be determined assuming at least 1.3 times the potential buoyant and other floodi forces acting on the empty (3) Tanks and associated piping shall bei installed to resist local scour and erosion during the 100- (4) Aboveground tanks locatedi in Zone A/AE flood hazard areas shall be either: (i) Elevated to ora above the DFE on platforms or structural fill,  floodwaters into thet tanks.  systems) located within a special flood hazard area.  tank. year flood.  (ii) Elevated to or above the DFE where attached to structures and thet foundation system supporting the structures shall be designed to accommodate any increased loads resulting (iii) Permitted below the DFE where the tank andi its foundation are designed to resist all (iv). Permitted below thel DFE where thet tank andi its foundation are designed to resist flood loads and are locatedi inside al barrier designed to protect the tank from floating debris. (5) Aboveground tanks located in areas designated as Zone V/VE, Coastal A-Zones, and other high risk flood hazard areas (see ASCE 24-14) shall be elevated to or above the DFE on platforms that conform tot thef foundation requirements of ASCE: 24-14, Section 4.5. Aboveground tanks shall not be permitted to be located under elevated structures or attached to structures at elevations (6) Underground tanks located in areas designated as Zone V/VE, Coastal A-Zones, and other high risk flood hazard areas (see ASCE 24-14) shall have the determination of flood-related loads take () At or above the DFE or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of thet tanks during conditions of the 100-year flood. (ii) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, includingt the effects of buoyancy, during conditions oft the 100-year flood.  from the attached tanks,  flood-related loads including floating debris, or  below one foot above the DFE int these areas. into consideration the eroded ground elevation. (7) Tanki inlets, fill openings, outlets, and vents shall be:  (  Structures and Sites fort the Storage or Production of Hazardous Substances - Require that all outdoor storage sites, new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvements to be used for the production or storage of hazard substances (as defined in Section 42-26) which are locatedi int the special flood hazard area shall be built in accordance with all applicable standards int this Ordinance in addition to thef following requirements: (1) Nos structures containing hazardous substances shalll be permitted for construction in ai floodway; (2) Residential structures shall have the area in which thel hazard substances are to be stored elevated or dryf floodproofed: a minimum oft two (2) feet above the BFE; (3) Non-residential: structures shall be permitted tol be built below the BFE in accordance with Section 42-97(b): such that the area where the hazard: substance production or storage is located (i) elevated or designed and constructed to remain completely dry to at least two (2) feet  willl be:  above the BFE, and    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (i) designed to prevent pollution from the storage containers, structure, or activity during the (4) Any solid, liquid, or gas storage containers of hazardous substances and any associated mechanical, electrical, and conveyance equipment shall be watertight ands shall be properly anchored andy protected from the hydrostatic and hydrodynamic forces oft flood waters and Construction of Fences - New and replacement fences may be allowed int flood hazard areasi if they do not: act as at flow boundary and redirect the direction of flow, collect flood debris and cause blockages, cause localized increases init flood levels, or if damaged, become debris that may CompensatonyStoroge for Filling Filly within the SFHA: shall result in no net loss of natural floodplain. storage. Compensatory. storage cannot be used within the limits off floodways as depicted on FIRMS. Any development utilizing this approach shall prepare design documentation (1) Loss of floodwater. storage volume due toj filling in the Special Flood Hazard Area shall be offset by providing an equal volume of floods storage by excavation or other compensatory measures at (2) Provide adequate documentation demonstrating the compensatory storage volume including but not limited to engineering andlysi/calculations, site plan and profile drawings oft the area to be filled and excavated, and environmenta! impact assessments, for areas, filled ande excavated. (3) Any excavation or other measures taken) for compensatorys storage. shalll be properly designed to provide protection against erosion or overgrowth ofv vegetation in order to preserve the storage (4) The compensatory: storage approach cannot be utilized in erosion-prone areas. The site being considered must be determined. not to be erosion-prone. by analyzing available studies, historical data, watershed trends, average annual erosion rates, flood velocities and duration off flow, geotechnical data, ande existing protective works. Results of these analyses shall be documented in an engineering report, which defines the data and methodology used to determine whether or  course of the basei flood.  debris carried by the base flood.  (K)  cause damage to other structures.  ()  inc accordance with thej following: or adjacent to the development. site.  volume.  not an area is erosion-prone.  (m) Incompatible Uses Prohibited in SFHAS  (1) Lands lying within the 100-year floodplain. shall not be used for:  (i) dumping of any material or substance including solid waste disposal. sites (including  manure),  (ii) on-site soil absorption. sanitary. sewage. system site, (iii) petroleum or chemical holding tanks,  (iv) construction of any wells used to obtain water. for ultimate human consumption; or (2) Lands lying within the 100-year. floodplain shall not be used for the open/uncovered. storage of materials that are buoyant, flammable, explosive, or injurious to human, animal, plant, fish, or  (v) restricted confinement or permanent. sheltering of animals.  other aquatic life.  (Code 1977, 514-19; Ord. No. 99-44,51,2-16-99; Ord. No. 2008-306, 53, 10-21-08; Ord. No. 2020-61,51,3-3-20)    Ord. No. 2024-8, amending Chapter 42-Floods ini its entirety, continued.  Sec. 42-98. Building Standards for streams without established base flood elevations and  floodways (approximate A-Zones).  Located within the! SFHAS, established in section 42-33, when: small: streams exist but where no base flood datal have been provided or where no floodways have been provided (Approximate A-Zones), thet following apply: (a) When BFE data or floodway data have not been providedi in accordance with section 42-33, then the Floodplain Administrator shall obtain, review, andi reasonably utilize any scientific or historic BFE and floodway data available from at federal, state, or other source, in order to administer the provisions of section 42-96 and section 42-97. Only if data is not available from these sources, then thet following (b) BFE: shall be provided for new subdivision proposals and all other proposed development, including manufactured home parks ands subdivisions, greater thant fifty (50) lots or five (5): acres, whichever is (c) All development in Zone Ar must meet the requirements of section 42-96 and section 42-97(a), (b), (d), (d) In SFHAS without BFE data, new construction and substantial improvements of existing structures shall have the lowest floor (for the lowest enclosed area; including basement) elevated no less than three (3) feet above the highest adjacent grade. As ther requirements set forth in Section 42-97(a) and (b) stipulate thel lowest floor to be elevated no less than one foot about the BFE, then the structure for this condition shall be elevated no less thani four (4) feet above thel highest adjacent grade. (e) In the absence ofaE BFE, a manufactured home must also meet the elevation requirements of section 42-97(c)(2)(b-d) in that the structure must be elevated to a maximum of 60 inches (five feet) and all utilities and mechanical equipment must be elevated a minimum of three (3) feet above the highest (f) Enclosures for elevated buildings in Zone A areas shall comply with the standards of Section 42-97(f). The Floodplain Administrator shall certify the lowest floor elevation level and the record shall become (g) No encroachments, including structures orj fill material, shall be located within an area equal to the width of the stream or twenty-five feet, whichever is greater, measured from the top of the stream bank, unless certification. by a registered professional engineer is provided demonstrating that such encroachment: shall not result in anyi increase inj flood levels during the occurrence oft the base flood  provisions, subsection (d) below, shall apply.  the lesser.  (f), (g), (h), (i), (),(k), (1), and (m).  adjacent grade.  ap permanent part of the permit file.  discharge.  (Code 1977, $14-19; Ord. No. 99-44, $1, 2-16-99; Ord. No. 2008-306, $3, 10-21-08; Ord. No. 2020-61, $1, 3-3-20)  Sec. 42-99. Standards for subdivisions and other development.  All: subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions). greater than! 50 lots or 53 acres, whichever is thel lesser, shall include within the drawings, plans, and (b) Public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to  permits for such proposals thef following: (a) Provisions to minimize flood damage; minimize flood damage;    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  (c) Adequate drainage provided to reduce exposure to flood hazards without negatively impacting adjacent  properties; (d) BFE data;  (e) Preliminary plans for review and approval of the platted subdivision which identifies the! Special Flood Hazard (f) Final subdivision plats thati identify the boundary oft the special flood hazard area, the floodway boundary, (g) Building Sites Free of Flood Zones Each proposed lot or parcel ofo a platted: subdivision shall have a minimum buildable area in upland areas outside ofthe natural (non-filled) one percent chance annual floodplain. The buildable areas shall be, at a minimum, large enough to accommodate any primary structure and associated structures such as sheds, barns, swimming pools, detached garages, on-site sewage disposal systems, and  Area, floodway boundaries, the BFE, and other areas regulated by the community; the BFES, and any drainage easements to reduce the risk for flashi flooding;  water supply wells, where applicable.  (Code 1977, $14-20; Ord. No. 2008-306, $3, 10-21-08; Ord. No. 2020-61,51, 3-3-20) Sec. 42-100. Standards for areas of shallow flooding (AO zones).  Areas of special flood hazard established in section 42-33, mayi include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet (1'-3') above ground, with no clearly defined (a) All new construction and substantial improvements of residential and non-residential: structures shall have thel lowest floor, including basement, elevated above thel highest adjacent grade at least as high ast the depth number specified on thei flood insurance rate map (FIRM) plus one foot of freeboard. Ifr no flood depth number is specified, the lowest floor, including! basement, shall be elevated at least three (3) feet above thel highest adjacent grade. Openings sufficient tot facilitate the unimpeded movements off flood waters shall be provided in accordance with standards of Section 42-97(f). The Floodplain Administrator shall certify thel lowest floor elevation level and the record shall become a permanent (b) New construction or thes substantial improvement of a non-residential structure may be floodproofed inl lieu of elevation. Thes structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified flood level in Section 42-100(a) or three (3) feet (if no depth number is specified), above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability ofr resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. As the requirements set forthi in Section 42-97(a): and (b) stipulate thel lowest floor to be elevated no less than one foot about the BFE, then the structure for this condition shall be elevated nol less than four (4) feet about the highest adjacent grade. A professional engineer, whoi is licensed to practice in the State of Alabama, or licensed architect, whoi is registered in the State of Alabama, shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as setf forth above and as required in subsections 42-69(a) and 42-69(b). (c) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. (Code 1977, 51 14-21; Ord. No. 99-44, 51, 2-16-99; Ord. No. 2008-306, 53, 10-21-08; Ord. No. 2020-61,51,3-3-20)  channel. The following provisions apply:  part of the permit file.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Sec. 42-101. Critical facilities.  Construction of newa and substantially improved critical facilities, which are those for which the effects of even a slight chance of flooding would be too great, shall be located outside thel limits of the SFHA or other flood hazard area regulated by the community. These types off facilities (hospitals, fire stations, police stations, storage ofo critical records, etc.) are givens special consideration when formulating regulatory alternatives and floodplain management, plans. Construction of new critical facilities (including the modification of ane existing structure not previously classified as ac critical facility): shall bep permissible within the SFHA or other area regulated by the community only if not feasible alternative site is available and access to the facilities remains available duringa0.2 (a) Critical facilities constructed within the SFHA: shall have thel lowest floor elevated three feet above the base flood elevation at the site (or tot the 0.2 percent chance flood elevation whichever is greater). (b) Floodproofing and sealing measures must be implemented to ensure that any and all on-site toxic (c) Multiple access routes, elevated to or above the 0.2 percent flood elevation, shall bep provided to all (d) Critical facilities must be protected to or above the 0.2 percent chance flood and must remain operable  percent chance flood (a.k.a., 500-year flood).  substances will not be displaced by or released into floodwaters. critical facilities tot the maximum extent possible.  during such an event.  (1) The community's flood response plan must list facilities. must bei included on the critical facility list.  (2) Other facilities in lowr risk flood zones that may also be needed to support flood response efforts (e) The use classification of any structure shall not be changed to that of a critical facility, where sucha change in use will render the new critical facility out of conformance with this section.  (Ord. No. 2020-61,51,: 3-3-20)  Editor's note(s)--Ord. No. 2020-61, 51, adopted March 3, 2020, renumbered thet former $ 42-101 as $4 42-102 and added ar new 54 42-101 as set out herein. The historical notations have been kept with the amended  provisions for reference purposes. Sec. 42-102. Severability.  Ifany section, clause, sentence, or phrase of this article is held to! be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions oft this  article.  Sec. 42-103. Enforceability of Ordinance and Future Revisions.  By adopting this ordinance, the City attests that the provisions within this Ordinance are be legally enforceable within thej jurisdictional boundaries of the community; will be applied uniformly throughout the community to all privately and publicly owned land within any regulated flood hazard areas; meet the minimum standards set forthi in $60.3 oft the Code of Federal Regulations Title 44; and the community provides that the provisions of this Ordinance take precedence over any less restrictive conflicting local laws, ordinances, or codes. In addition, the City understands that ifitr repeals its floodplain management regulations, allows its regulations to lapse, or amends its regulations: so that they no longer meet the minimum requirements set forth in $60.3 of the Code of Federal Regulations Title 44, its shall be suspended from the National Flood Insurance Program (NFIP). The community eligibility shall remain terminated after suspension until copies of adequate floodplain management regulations have been received and approved by the Federal Insurance Administrator. To avoid such occurrences, the City will coordinate with the Alabama NFIP State Coordinator and FEMA Regional Office prior to    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued. shall not adopt ande enforce revised floodplain management regulations.  anyr revisions to this Ordinance. Without prior approval of the Federal Insurance. Administrator, the community The Cityf further understands that from time-to-time Part 60 of the Code of Federal Regulations Title 44r may be revised to advance flood risk reduction measures as experience is acquired under the NFIP and new information becomes available. The City agrees to revise its floodplain management Ordinance to comply with any such changes within six months from the effective date of any newi federal regulation. (Ord. N0.99-4,52,24699; Ord. No. 2008-306,53,: 10-21-08; Ord. No. 2020-61,91,3-3-20)  Editorsnotels)-See the editor's note to $4 42-101.    Ord. No. 2024-8, amending Chapter 42-Floods in its entirety, continued.  Section 2. After publication as required by law, this ordinance shall become effective  immediately.  PASSED, ADOPTED AND APPROVED on JANUARY 16, 2024.  Duh R  Mayor  ATTEST:  Assoçiate Commissioner District 1 Associate Commissioner District2 Associate Commissioner District3 3  Wandig Shii City Clerk  C 5  District 4  Assoeiate Commissioner  Associate Commissioner District6 6 BOARD OFCITYCOMMISSIONERS  M  Ihereby certify that the above Ordinance was published in THE DOTHAN EAGLE, a newspaper of general circulation in the City of Dothan, Alabama, on January 27, 2024. WnbcShisar Wendy Shiver City Clerk